Protecting the Border from Unmanned Aircraft Systems Act

II Calendar No. 219 118TH CONGRESS 1ST SESSION S. 1443 [Report No. 118–103] To require an interagency strategy for creating a unified posture on counter- unmanned aircraft systems (C–UAS) capabilities and protections at inter- national borders of the United States. IN THE SENATE OF THE UNITED STATES MAY 4, 2023 Mr. LANKFORD (for himself and Ms. SINEMA) introduced the following bill; which was read twice and referred to the Committee on Homeland Secu- rity and Governmental Affairs OCTOBER 3, 2023 Reported by Mr. PETERS, without amendment A BILL To require an interagency strategy for creating a unified posture on counter-unmanned aircraft systems (C–UAS) capabilities and protections at international borders of the United States. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 03:18 Oct 04, 2023 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1443.RS S1443 rfrederick on DSKB3L4F33PROD with BILLS 2 •S 1443 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Protecting the Border 2 from Unmanned Aircraft Systems Act’’. 3 SEC. 2. INTERAGENCY STRATEGY FOR CREATING A UNI- 4 FIED POSTURE ON COUNTER-UNMANNED 5 AIRCRAFT SYSTEMS CAPABILITIES AND PRO- 6 TECTIONS AT INTERNATIONAL BORDERS OF 7 THE UNITED STATES. 8 (a) DEFINITIONS.— In this section: 9 (1) APPROPRIATE CONGRESSIONAL COMMIT- 10 TEES.—The term ‘‘appropriate congressional com- 11 mittees’’ means— 12 (A) the Committee on Homeland Security 13 and Governmental Affairs of the Senate; 14 (B) the Committee on Commerce, Science, 15 and Transportation of the Senate; 16 (C) the Committee on the Judiciary of the 17 Senate; 18 (D) the Committee on Armed Services of 19 the Senate; 20 (E) the Committee on Appropriations of 21 the Senate; 22 (F) the Committee on Foreign Relations of 23 the Senate; 24 (G) the Select Committee on Intelligence of 25 the Senate; 26 VerDate Sep 11 2014 03:18 Oct 04, 2023 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1443.RS S1443 rfrederick on DSKB3L4F33PROD with BILLS 3 •S 1443 RS (H) the Committee on Homeland Security 1 of the House of Representatives; 2 (I) the Committee on the Judiciary of the 3 House of Representatives; 4 (J) the Committee on Transportation and 5 Infrastructure of the House of Representatives; 6 (K) the Committee on Energy and Com- 7 merce of the House of Representatives; 8 (L) the Committee on Foreign Affairs of 9 the House of Representatives; 10 (M) the Permanent Select Committee on 11 Intelligence of the House of Representatives; 12 (N) the Committee on Armed Services of 13 the House of Representatives; and 14 (O) the Committee on Appropriations of 15 the House of Representatives. 16 (2) COVERED FACILITY OR ASSET.—The term 17 ‘‘covered facility or asset’’ has the meaning given 18 such term in section 210G(k)(3) of the Homeland 19 Security Act of 2002 (6 U.S.C. 124n(k)(3)). 20 (3) C–UAS.—The term ‘‘C–UAS’’ means 21 counter-unmanned aircraft system. 22 (4) NATIONAL AIRSPACE SYSTEM; NAS.—The 23 terms ‘‘National Airspace System’’ and ‘‘NAS’’ have 24 VerDate Sep 11 2014 03:18 Oct 04, 2023 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1443.RS S1443 rfrederick on DSKB3L4F33PROD with BILLS 4 •S 1443 RS the meaning given such terms in section 245.5 of 1 title 32, Code of Federal Regulations. 2 (5) UNMANNED AIRCRAFT SYSTEM.—The term 3 ‘‘unmanned aircraft system’’ has the meaning given 4 such term in section 44801 of title 49, United 5 States Code. 6 (b) IN GENERAL.—Not later than 180 days after the 7 date of the enactment of this Act, the Secretary of Home- 8 land Security, in coordination with the Attorney General, 9 the Administrator of the Federal Aviation Administration, 10 the Secretary of State, the Secretary of Energy, the Direc- 11 tor of National Intelligence, and the Secretary of Defense 12 to develop a strategy for creating a unified posture on C– 13 UAS capabilities and protections at— 14 (1) covered facilities or assets along inter- 15 national borders of the United States; and 16 (2) any other border-adjacent facilities or assets 17 at which such capabilities maybe utilized under Fed- 18 eral law. 19 (c) ELEMENTS.—The strategy required to be devel- 20 oped under subsection (b) shall include the following ele- 21 ments: 22 (1) An examination of C–UAS capabilities at 23 covered facilities or assets along the border, or such 24 other border-adjacent facilities or assets at which 25 VerDate Sep 11 2014 03:18 Oct 04, 2023 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1443.RS S1443 rfrederick on DSKB3L4F33PROD with BILLS 5 •S 1443 RS such capabilities may be utilized under Federal law, 1 and their usage to detect or mitigate credible threats 2 to homeland security, including the facilitation of il- 3 licit activities, or for other purposes authorized by 4 law. 5 (2) An examination of efforts to protect privacy 6 and civil liberties in the context of C–UAS oper- 7 ations, including with respect to impacts on border 8 communities and protections of the First and 9 Fourth Amendments to the United States Constitu- 10 tion. 11 (3) An examination of unmanned aircraft sys- 12 tem tactics, techniques, and procedures being used 13 in the border environment by malign actors to in- 14 clude how unmanned aircraft systems are acquired, 15 modified, and utilized to conduct malicious activity 16 such, as attacks, surveillance, conveyance of contra- 17 band, or other forms of threats. 18 (4) An assessment of the C–UAS systems nec- 19 essary to identify illicit activity and protect against 20 the threats from unmanned aircraft systems at 21 international borders of the United States, including 22 the availability, feasibility, and interoperatbility of 23 C–UAS. 24 VerDate Sep 11 2014 03:18 Oct 04, 2023 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1443.RS S1443 rfrederick on DSKB3L4F33PROD with BILLS 6 •S 1443 RS (5) A description of the training required or 1 recommended at international borders of the United 2 States, including how such training— 3 (A) fits into broader training standards 4 and norms; and 5 (B) relates to the protection of privacy and 6 civil liberties. 7 (6) Recommendations for additional authorities 8 and resources to protect against illicit unmanned 9 aircraft systems, including systems that may be nec- 10 essary to detect illicit activity and mitigate credible 11 threats along international borders of the United 12 States. 13 (7) An assessment of interagency research and 14 development efforts, including the potential for ex- 15 panding such efforts. 16 (d) SUBMISSION TO CONGRESS.—Not later than 1 17 year after the date of the enactment of this Act, the Sec- 18 retary of Homeland Security, in coordination with the At- 19 torney General, the Administrator of the Federal Aviation 20 Administration, the Secretary of State, Secretary of En- 21 ergy, the Director of National Intelligence, and the Sec- 22 retary of Defense, shall submit the strategy developed pur- 23 suant to subsection (b) to the appropriate congressional 24 committees. 25 VerDate Sep 11 2014 03:18 Oct 04, 2023 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1443.RS S1443 rfrederick on DSKB3L4F33PROD with BILLS 7 •S 1443 RS (e) REPORTS TO CONGRESS.— 1 (1) ANNUAL REPORT.—Not later than 2 years 2 after the date of the enactment of this Act, and an- 3 nually thereafter for the following 7 years, the Sec- 4 retary of Homeland Security, in coordination with 5 the Attorney General, the Administrator of the Fed- 6 eral Aviation Administration, the Secretary of State, 7 Secretary of Energy, the Director of National Intel- 8 ligence, and the Secretary of Defense, shall submit 9 to the appropriate congressional committees a re- 10 port, which may include a classified annex, that de- 11 scribes— 12 (A) the resources that are necessary to 13 carry out the strategy developed pursuant to 14 subsection (b); and 15 (B) any significant developments relating 16 to the elements described in subsection (c). 17 (2) CONGRESSIONAL BRIEFINGS.—Beginning 18 not later than 1 year after the date of the enactment 19 of this Act, the Secretary of Homeland Security 20 shall include the elements regarding C–UAS de- 21 scribed in paragraph (1) in the semiannual briefings 22 to the appropriate congressional committees required 23 under section 210G(g) of the Homeland Security 24 Act of 2002 (6 U.S.C. 124n(g)). 25 VerDate Sep 11 2014 03:18 Oct 04, 2023 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1443.RS S1443 rfrederick on DSKB3L4F33PROD with BILLS Calendar No. 219 118TH CONGRESS 1ST SESSION S. 1443 [Report No. 118–103] A BILL To require an interagency strategy for creating a unified posture on counter-unmanned aircraft systems (C–UAS) capabilities and protections at international borders of the United States. OCTOBER 3, 2023 Reported without amendment VerDate Sep 11 2014 03:18 Oct 04, 2023 Jkt 049200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\S1443.RS S1443 rfrederick on DSKB3L4F33PROD with BILLS